Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22451
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4146 of 2025 • Jaiprakash @ Ajay Sahu S/o Ramlakhan Sahu Aged About 22 Years R/o Village - Bhuvneshwarpur, Chikhalapara, Police Station - Ramanujnagar, District - Surajpur (C.G.)
... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Of Police Station - Ramanujnagar, District - Surajpur (C.G.)
... Non-Applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For Non- Applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/05/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 177/2024 registered at Police Station Ramanujnagar, District - Surajpur (C.G.), for the offence punishable under Sections 21(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 18.11.2024, as per secret information received from the informant, the Police of Police Station SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.05.29 17:59:39 +0530
2 Ramanujnagar, District – Surajpur (C.G.) seized 22 bottles of Onerex Cough Syrup, 48 vial of Buprenorphine Injection, 69 vial of Buprenorphine Injection, 200 vial of Avial Injection and Alprazolm tablets 550 tablets seized from the possession of present applicant, thereafter aforesaid offence has been registered against him and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 18.11.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court.
He would further submit that the quantity of contraband article i.e. 22 bottles of Onerex Cough Syrup, 48 vial of Buprenorphine Injection, 69 vial of Buprenorphine Injection, 200 vial of Avial Injection and Alprazolm tablets 550 tablets recovered from the possession of the applicant, which is much above the commercial quantity, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3
6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity, further he has failed to provide explanation regarding the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant- Jaiprakash @ Ajay Sahu, involved in Crime No. 177/2024 registered at Police Station Ramanujnagar, District - Surajpur (C.G.), for the offence punishable under Sections 21(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice $iddhant